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Original Date Announced
November 2, 2020On reconsideration of its prior decision, the Federal Labor Relations Authority (FLRA) decertifies the National Association of Immigration Judges (NAIJ). In its prior decision, the FLRA found that IJs do not create and influence policy, are therefore not management officials, and could unionize accordingly. On reconsideration, the FLRA concludes that it had "failed to recognize the significance of IJ decisions and how those decisions influence policy," ruling that IJs are management officials and therefore excluded from being part of a collective bargaining unit.
[ID #213]
See Biden administration action below.
DOJ v NAIJ, 71 FLRA 207 (2020)Effective Date
November 2, 2020Biden Administration Action: Modified
June 25, 20212021.06.25 AGENCY’S WITHDRAWAL OF OPPOSITION TO RESPONDENT’S MOTION FOR RECONSIDERATION
This Biden administration policy modifies the Trump-era policy identified in this entry.
On June 25, 2021, EOIR withdrew its opposition to NAIJ's motion for reconsideration before the FLRA. No. WA-RP-19-0067-REC.
View DocumentBiden Administration Action: Revoked/Replaced
December 7, 20212021.12.07 Settlement Agreement Between the U.S. Department of Justice, Executive Office for Immigration Review and the National Association of Immigration Judges
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On December 7, 2021, EOIR and NAIJ signed a settlement agreement and thus the Biden administration once again recognized NAIJ as IJs' union.
View DocumentCurrent Status
Not in effectJune 25, 2021Acted on by Biden Administration
December 7, 2021Acted on by Biden Administration
Original Trump Policy Status
Trump Administration Action: Change in PracticeSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIRPre Trump-Era Policies
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September 1, 2000
The Clinton administration previously tried to decertify the immigration judges’ union. The FLRA's 2000 ruling denied the administration's application for review to break up the union.
Sept. 1, 2000 FLRA Order denying application for review -
August 13, 2019
In August 2019, the Trump Administration DOJ filed a petition to decertify NAIJ, arguing that the FLRA's 2000 decision was no longer applicable in light of "factual and legal developments" including increasing numbers of affirmances without opinions (AWOs) issued by the BIA, an increase in credible fear and reasonable fear adjudications, and the Supreme Court's holding in Lucia v. SEC, 138 S.Ct. 2044 (2018).
FLRA Petition -
July 31, 2020
On July 31, 2020, the FLRA issued a decision rejecting EOIR’s petition to decertify the NAIJ: “IJs are not management officials within the meaning of section 7103(a)(11) of the Statute and EOIR’s petition is dismissed.”
DOJ v NAIJ, 56 FLRA 97
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
DOJ v NAIJ, 71 FLRA 207 (2020)
- Prior Policy
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Prior Policy
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Prior Policy
Original Source:
July 31, 2020 FLRA decision
- Commentary
- Commentary
Commentary
Trump Administration Moves to Decertify Outspoken Immigration Judges’ Union
Go to articleEighty Members of Congress Call on DOJ to Withdraw Petition to Decertify NAIJ
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